North Dakota

In North Dakota, farmers have found a great drought resistant crop in 2017: industrial hemp. Clarence Laub, a second-year North Dakota hemp farmer altered his seeding technique and is producing significant results using a third of the water as other cash crops.

"There's still a lot of hope for it. It should be one of the last things not to make it," said Laub. He continued, "This is also a very new crop, too. We just grew it. Last year was the first year, so this year is new and also with the dryer conditions that's new with it too."

Over the past few years, North Dakota's hemp production has grown into the third-largest in the nation behind Kentucky and Colorado. This year, there were 3,124 acres accepted for North Dakota’s 2017 industrial hemp program. In 2016, 70 acres of hemp were planted. The boom brought interest from processing plants, with several scheduled to open by harvest.

At the moment, Healthy Oilseeds, located in Carrington, is the only processing plant certified to handle hemp in the state. The processing plant offers milling, roasting and cold press. "There’s a possibility the new plant could be built yet this year in an effort to get in on part of this season’s production", according to Healthy Oilseeds President Roger Gussiaas.

Texas state Senator Jose Menendez filed a bill today that would allow people with chronic and debilitating conditions to use medical marijuana to treat those conditions through a prescription from a doctor.

Senator Menendez says if traditionally conservative states like Montana, North Dakota and Arkansas can pass such a measure, Texas should follow suit.

Illnesses like cancer, PTSD, nausea, Parkinson’s, autism, HIV and severe pain are a few of the ailments that would qualify.

Political science professor Doctor Paul Fabrizio told KIDY the road to approval for this bill is a difficult one. If passed in both the House and the Senate, there’s still one huge obstacle.

“If they were to get it passed, they’re gonna have to convince the governor. The governor has been very outspoken in saying he does not support legalization of medical or recreational marijuana. Therefore, he’s not going to sign a bill,” Fabrizio said.

Political leaders in several states are acting to challenge election results regarding regulation of marijuana.

"Voters spoke clearly on election day. They believe that cannabis should be legal and that its sale ought to be regulated accordingly," said NORML Executive Director Erik Altieri. "Politicians should respect these outcomes, not undermine them."

Massachusetts voters decided 54 percent to 46 percent to legalize the use and cultivation of marijuana for adults 21 and over. Lawmakers are trying to move the date on which adults can begin growing marijuana from December 15, 2016 to an unspecified later time. They also want to delay retail sales of pot until late 2018.

Although Maine voters narrowly approved a similar ballot measure, Republican Gov. Paul LePage has said that he will seek federal guidance before moving forward with the law's implementation. Gov. LePage said that he "will be talking to Donald Trump" about how the incoming administration intends to address the issue, and said that he "will not put this (law) into play" unless the federal government signs off on it.

Whether or not you were a supporter for a Donald Trump presidency, everyone wonders what his presidency will mean for his or her beliefs. Marijuana users and supporters wonder how his presidency will affect the marijuana industry.

Election Day 2016 marked a big win for marijuana. Residents voted in nine different states on legalizing some form of marijuana. Five of those states were voting on whether or not to allow recreational use. Eight of those nine states passed their legalization measures, with only Arizona's recreational measure not passing.

California was the largest state to legalize it, making recreational use legal for adults. In addition to California, Massachusetts, Maine, and Nevada legalized recreational marijuana use. Arkansas, Florida, and North Dakota approved medical initiatives. Montana passed an additional measure to legalize commercial growing and distribution.

The Motley Fool declared marijuana a big winner on Election Day, but pointed out that how the marijuana industry could change under the Donald Trump presidency is open to a lot of interpretation. No-one knows what decisions Trump and Congress will make regarding the marijuana industry between now and January 2020.

Recreational marijuana is now legal in California. Maine, Nevada, and Massachusetts also legalized recreational marijuana, but the size and population of California puts its decision in a different league and it could lead the way to figuring out policy around the drug.

While the recreational marijuana initiative in Arizona failed, several other states voted on medical marijuana. North Dakota, Montana, Arkansas and Florida all approved medical marijuana.

60 percent of Americans support legalizing weed, up from 31 percent in 2000. California is the state with the largest economy and — now that it has legalized cannabis — the national weed industry has tripled in size.

California’s marijuana industry could be bigger than its famed wine businesses. The market for both recreational and medicinal marijuana is now projected to grow to $22 billion by 2020, up from $7 billion this year.

This may also put a lot more pressure on the federal government to lift its ban of the drug. The Drug Enforcement Administration has long classified cannabis as a Schedule I controlled substance, the most restrictive classification. This means it’s in the same category as heroin and LSD. Just this August, the DEA rejected an appeal to stop classifying cannabis as Schedule I drug.

In the wake of his wife pleading guilty to a misdemeanor marijuana charge, Utah gubernatorial candidate Mike Weinholtz has rolled out a plan to legalize medical marijuana.

"There have been people suffering long enough, and we know this would help those people, so now is the time," Weinholtz said on Thursday.

His wife has said she uses marijuana to deal with chronic pain. Feds declined to prosecute her case and sent it to the Tooele County Attorney. On Tuesday, she pleaded guilty to a misdemeanor pot possession charge.

“It's bigger than just my wife and my family,” Weinholtz said. “There are thousands of Utahns that are struggling with these many different types of conditions.”

North Dakota's first industrial hemp crop is looking promising, showing better returns than many other commodities.

Three farming operations in three counties grew hemp this year under a federally approved research program. The goal of the program is to determine whether hemp can be a successful crop in North Dakota.

Research program crop yields range from 860 pounds per acre to 1,125 pounds, according to program director Rachel Seifert-Spilde, a plant protection specialist with the state Agriculture Department. The $280 per-acre cost of raising the crop yields a much higher value with hemp being worth about $1 per pound.

“Without a doubt, there was a lot of value in this program,” Seifert-Spilde told The Bismarck Tribune. “There were some good yields and very few hiccups.”

The state research program will be conducted again next year. The Agriculture Department will announce in October when grower applications are due.

“There’s a lot of promise in hemp and potentially big revenue for the farm as we get further into production and development,” said Clarence Laub, a Grant County farmer who grew 10 acres of hemp as part of this year’s program.

The hemp industry netted half a billion dollars in sales in the United States last year, despite unconstitutional federal restrictions on industrial hemp farming.

As reported in The Weed Blog:

"The Hemp Industries Association (HIA), a non-profit trade association consisting of hundreds of hemp businesses, has released final estimates of the size of the 2015 U.S. retail market for hemp products. Data from market research supports an estimate of total retail sales of hemp food, supplements and body care products in the United States at $283 million….The HIA has also reviewed sales of clothing, auto parts, building materials and various other products, and estimates the total retail value of hemp products sold in the U.S. in 2015 to be at least $573 million."

Eric Steentres, executive director of the Hemp Industries Association, says the next step is very obvious.

“We need Congress to pass federal legislation to allow commercial hemp farming nationally, for this ripe industry to finally be able to bloom,” he said.

But congressional action seems unlikely anytime soon.

It is technically "legal" to grow hemp, but farmers are required to obtain a permit from the DEA. That happened just once in four decades up until 2014. Since then some states have taken action to nullify the federal regulation.

A federal judge on Monday lifted the injunction which has been in place for almost 12 years prohibiting a South Dakota tribal member from cultivating industrial hemp. Other issues remain to be resolved before Alex White Plume can grow it on the Pine Ridge Indian Reservation.

U.S. District Judge Jeffrey Viken of South Dakota said there has been a "shifting legal landscape" since the original order was filed in 2004 against White Plume, a member of the Oglala Sioux Tribe, reports Dave Kolpack of The Associated Press. The federal hemp laws were loosened in the 2014 Farm Bill, and marijuana has been legalized in several states in the interim.

Former North Dakota U.S. Attorney Timothy Purdon, White Plume's lawyer, said the Monday's decision is a victory for both White Plume and tribal sovereignty.

"This order brings some justice to Native America's first modern day hemp farmer," Purdon said. "For over 10 years, Alex White Plume has been subject to a one-of-a-kind injunction which prevented him from farming hemp."

Federal prosecutors in South Dakota couldn't be reached for comment.

Still unresolved is the question of whether hemp cultivation on southwestern South Dakota's Pine Ridge Reservation should be legal. Purdon said Judge Viken's order should "further the discussion" on whether the Oglala Tribe is being treated unfairly, since the Farm Bill allows states to produce hemp under certain restrictions.

A petition to place a measure on the November 8 ballot which would legalize marijuana has been approved in North Dakota.

Secretary of State Al Jaeger on Wednesday approved the petition, reports Valley News Live. The sponsoring committee will need to get at least 13,452 valid voter signatures in order to qualify for the ballot.

If approved, the measure would make it legal for adults 21 and older to grow, possess, use and distribute cannabis, and would prevent the state from requiring a license to do so (I just love that part!), according to Mike Nowatzki at Forum News Service.

It would also prohibit the state, cities and counties from taxing marijuana and marijuana paraphernalia at more than 20 percent.

Eric Olson of Fargo, chairman of the 26-member sponsoring committee, said advocates will start collecting signatures right away. The group is shooting for 20,000 signatures "for a safe margin," Olson said.

During Thursday night's North Dakota gubernatorial debate, the Republican candidates disagreed on the issue of ending marijuana prohibition.

The contenders were asked their opinion on possible ballot measures on legalization and medical marijuana.

KXMB-TV reported that state Rep. Rick Becker said "he'll support whatever North Dakotans want. He would vote yes."

Former Microsoft executive Doug Burgum said that he would vote yes on medical marijuana, but no for recreational.

Wayne Stenehjem, current state attorney general, says he opposes legalizing marijuana for any purpose. He says he's talked with attorney generals in states that have legalized marijuana and feels that doing so in North Dakota would cause a "host of problems."

"We will not be healthier or safer if we legalize marijuana," Stenehjem said. "It's a bad move."

Medical marijuana advocates are currently petitioning, hoping to get an initiative on the ballot this November. The measure needs 13,452 valid voter signatures by July 11 to qualify for the ballot. The measure would allow medical marijuana patients to possess up to three ounces of cannabis and grow up to eight plants if they live further than 40 miles from a dispensary.

There are no Democratic candidates running for North Dakota governor, an office which has been held by Republicans since 1992.

In an epochal shift likely to change the face of American society forever, the federal Department of Justice on Thursday will tell U.S. Attorneys not to prevent Native American tribes from growing or selling marijuana on their sovereign lands, even in states where cannabis is illegal.

The new memorandum will offer guidance which will be implemented on a case-by-case basis, according to U.S. Attorney Timothy Purdon of North Dakota, chairman of the Attorney General's Subcommittee on Native American Issues, reports Timothy M. Phelps at the Los Angeles Times.

Tribes must still follow the eight guidelines or "areas of concern" offered by the federal government after Colorado and Washington voters chose to legalize marijuana in the 2012 elections. The federal guidelines will also apply in Oregon and Alaska, where voters chose to join the ranks of legal states in 2014.

While it is still unknown just how many reservations will take advantage of the new policy, it seems likely that many will, judging by the proliferation of tribal casinos. Many tribes, however, remain opposed to legalizing marijuana on their lands, and federal officials will continue to enforce the law in those areas, if requested.

ND governmental leaders get the brush-off from the U.S. Justice Department

By SUE ROESLER, Farm & Ranch Guide

North Dakota government leaders and producers aren't giving up on growing industrial hemp.

Another appeal of a lawsuit decision regarding the right of farmers with state licenses to grow industrial hemp without worrying about the Drug Enforcement Agency (DEA) arresting them was filed last week.

Two North Dakota farmers, State Rep. David Monson and Wayne Hauge, appealed a 2007 industrial hemp lawsuit decision in the U.S. Court of Appeals in the District of Columbia Circuit last week.

While North Dakota producers can purchase state licenses to grow industrial hemp, the DEA continues to ignore their requests for a federal registration - even after a district court judge called the agency out on it.

In 2007, U.S. District Judge Dan Hovland said he had to dismiss the farmers' lawsuit against the DEA because of federal law that lumped industrial hemp together with marijuana under the controlled substances act.

However, he chided the DEA for not responding to the farmers' and other agencies' requests.

At that time, Hovland said “there is no realistic prospect the plaintiffs (Monson and Hauge) will ever be issued a license by the DEA to grow industrial hemp.”

A Republican state legislator and farmer from northeastern North Dakota who wants to grow hemp is asking another federal appeals court to review his case.

David Monson from Osnabrock filed a petition for review on Monday in a federal appeals court in the District of Columbia. Monson and Wayne Hauge, a farmer from Ray in northwestern North Dakota, received the first state licenses to grow industrial hemp in 2007, but they`ve never received approval from the Drug Enforcement Administration, which considers hemp a drug.

The 8th U.S. Circuit Court of Appeals in December affirmed the dismissal of a lawsuit filed against the U.S government by the two North Dakota farmers.

The 8th US Circuit Court of Appeals in St. Louis last Tuesday upheld a lower court's decision to dismiss a lawsuit by a pair of North Dakota hemp farmers who argued they should be able to grow hemp crops without fear of federal prosecution.

Farmers Wayne Hauge and David Monson, who is also a Republican state representative, were awarded licenses from the state department of agriculture to grow hemp three years ago. They sought approval from the Drug Enforcement Administration (DEA), and after the DEA failed to respond, they filed suit in US District Court in Bismarck. There, US District Judge Daniel Hovland dismissed their suit.

The DEA considers hemp to be marijuana. It took a successful federal court challenge to force the DEA to continue to allow for hemp food products to be imported, but American farmers are still forced to stand on the sidelines and watch as their Canadian, Chinese, and European counterparts fill their wallets with profit from hemp sales.

"I guess the next step is we'll have to take it to Congress," Hauge told the Associated Press. "The fastest and easiest way to handle this would be for the president to order the Department of Justice to stand down on all actions against industrial hemp," he added, alluding wistfully to the department's announced policy shift on medical marijuana.

A federal appeals court Tuesday affirmed a lower court’s decision to dismiss a lawsuit by two North Dakota farmers who said they should be allowed to grow industrial hemp without fear of federal criminal prosecution.

By James MacPherson, Associated Press

BISMARCK — A federal appeals court Tuesday affirmed a lower court’s decision to dismiss a lawsuit by two North Dakota farmers who said they should be allowed to grow industrial hemp without fear of federal criminal prosecution.

Wayne Hauge and David Monson received North Dakota’s first state licenses to grow industrial hemp nearly three years ago, but they’ve never received approval from the Drug Enforcement Administration. The farmers sued the DEA, and their case has been before the 8th U.S. Circuit Court of Appeals for more than a year after U.S. District Judge Daniel Hovland dismissed it.

Hemp, which is used to make paper, lotion and other products, is related to the illegal drug marijuana. Under federal law, parts of an industrial hemp plant are considered controlled substances.

Hovland told the farmers the best remedy might be to ask Congress to change the law to explicitly distinguish hemp from marijuana.

I am a fourth generation farmer, grandfather of three, and have never been arrested for anything. I traveled to Washington, D.C. to join hemp business leaders in a symbolic planting of hemp seeds on DEA headquarters' front lawn. This action was taken to raise awareness of the distinction between industrial hemp and marijuana. Today non-dairy milks, protein powders, cereals, soaps and lotions are made from the nutritious omega 3 rich hemp seed, while everything from clothing to building materials to automobile paneling is made from the fiber and woody core.

Along with another North Dakota farmer and state Rep. David Monson, I am involved in a lawsuit against DEA, now in the Eighth Circuit Court of Appeals, to prevent DEA interference with licensed North Dakota farmers cultivating and processing industrial hemp under North Dakota's state industrial hemp program. However, it has been almost a year since the case was given to the judges to decide if states can act without federal government intervention.

North Dakota and Montana are two of nine states that have approved legislation allowing industrial hemp farming or its research. Minnesota is among 28 states that have introduced legislation at some point to allow farmers to grow hemp.

In Minnesota, researchers are looking at developing a totally THC-free hemp plant. University of Minnesota researchers have identified the genes that produce THC, the psycho-active substance in marijuana, a distant cousin of hemp.

Even though industrial hemp cannot get anyone high, these researchers are studying the genes to help produce a more acceptable hemp plant for producers to grow. It could also lead to new and better drugs for pain, nausea and other conditions.

North Dakota was the first state to ever pass industrial hemp farming legislation, the first state to regulate industrial farming, the first state to issue licenses, and the first state to approve growing industrial hemp varieties at its land grant university for eventual use by state farmers.

Farmers in the Upper Plains are in a unique position to grow industrial hemp as it is a cooler season type crop and it has been grown successfully right across the northern border in Canada.